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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10458
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I bought a house in joint names with my partner. We divorced

Resolved Question:

I bought a house in joint names with my partner. We divorced and they moved out. I have since found out that interim charges have been placed on the property which I still live in with our children. These charges relate to unpaid child support from my partners previous marriage. They have since died.
Do I have the right of survivorship and does this override the interest on the property of the interim charges?
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

I take it that the property is in your sole name? (ie perhaps transferred to you within the divorce).

Who do you mean has died- your ex partner?

I look forward to hearing from you.

Kind Regards

AL

Customer: replied 2 years ago.

My ex partner died earlier this year from a heart attack.

Although we had been divorced for 3 years the house remained in joint names as joint tenancy and not severred as tenants in common.

the charges were placed against the property as a result of arrears of child support owed by my ex partner for a child from their first marriage

Expert:  Aston Lawyer replied 2 years ago.

Hi Tony,

Thanks for your reply.

As you are probably aware, as the property was held as Joint Tenants, the property passes to automatically through survivorship on your ex partner's death.

Therefore, the property now belongs to you solely and the CSA have no claim whatsoever over it.

Yo should therefore wriite to them, enclosing a copy of your ex partner' death certificate, if at all possible, and ask them to remove their Charge.

I hope this assists you and answers your question.

Kind Regards

AL

Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks Aston Lawyer but that is all I required. Gave you an excellent service rating.

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